CITY OF WOODBURY, MINNESOTA

Office of City Administrator

Council Letter No. 05 -

March 9, 2005

TO: The Honorable Mayor and Members of the City Council

FROM: Clinton P. Gridley, City Administrator

SUBJECT: Public Hearing

On Sale Intoxicating Liquor License Including Sunday Sales

Apple American Limited Partnership of Minnesota dba Applebee’s Neighborhood Grill & Bar has submitted an application for an on sale intoxicating liquor license, including Sunday sales, for their restaurant, to be located at 10150 Hudson Road, Suite 165.

Staff recommends the Council approve issuing an on sale intoxicating liquor license, including Sunday sales, to Apple American Limited Partnership of Minnesota dba Applebee’s Neighborhood Grill & Bar.

Apple American Limited Partnership of Minnesota dba Applebee’s Neighborhood Grill & Bar has submitted an application for an on sale intoxicating liquor license, including Sunday sales, for their restaurant, to be located at 10150 Hudson Road, Suite 165. It is necessary for the Council to hold a public hearing on this license.

The directors/officers of this corporation are as follows:

Carin Stutz – President and Director

Rebecca Tilden – Vice President, Director, Secretary and Treasurer

Criminal history checks as they pertain to liquor licensing were conducted on all of the above-named individuals and came back clear.

The applicants currently hold liquor licenses at establishments in the following Minnesota cities:

Checks with staff in the cities of Maplewood, Minnetonka, Burnsville, Brooklyn Park, Eagan, Maple Grove, St. Louis Park, Plymouth and Apple Valley revealed several compliance check violations. Maplewood reported one failed compliance check in 2005, which resulted in a $500 fine. Minnetonka reported three failed compliance checks. One failure in 2000 resulted in a $5,000 fine and one day suspension. Another failure in 2001 resulted in a $1,000 fine and three-day suspension. Finally, one failure in 2003 resulted in a $2,000 fine and ten-day suspension. The city of Burnsville reported one compliance check failure in 2003, which resulted in a $500 fine and a stay of the suspension for one year. Plymouth reported one compliance check failure in 2003, which resulted in a $500 fine. Eagan reported one compliance check failure in 2000, which resulted in a $500 fine. Maple Grove reported three compliance check failures. One failure in 1998 resulted in a $500 fine. Another compliance check failure in 1999 resulted in a $1500 fine and seven-day suspension. Finally, a compliance check failure in 2001 resulted in a $2,000 fine, twenty-day suspension, $2,500 donation to a local charity and six months of community service.

The cities of St. Louis Park, Apple Valley and Brooklyn Park reported all compliance checks have been passed.

A check of Woodbury records reveals the Applebee’s restaurant, located at 7250 Valley Creek Plaza, has had eighteen compliance checks. The restaurant failed one compliance check in 1998, and the license was suspended for one day. There have been no significant negative contacts with this restaurant.

We have discussed this alcohol violation with Applebee’s management staff and emphasized the importance of responsible service of alcohol with them.

Staff has provided the applicants with a copy of our city ordinance and alcohol violation policy. We have also discussed our server training and our alcohol compliance check program with them.

The applicant has submitted the license fee and background investigation fee. The city attorney has reviewed the application and has found it to be in order.